﻿APR-28-2010 15:49

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ORANGR COUNlY SHERIJ'PS OfFIC[ INVESTIGATIVE REPURT

CASE N1;MUR. 2~10-OJ6715

,EIDZ685

On Thursday, February 24, 2010, at approximately 1337 hours, Sea. World security received a call concerning a trainer in the water at the Dine with Shamu encounter, At approximately 1404 hours 1 rhis information was relayed to the Orange County Sheriffs Office Communications Center.

Deputy Sheriff Christian Vonbargen was working in an off duty capacity at Sea World and was asked to respond to me Dine wuh Shamu area in reference to this call. When he arrived, he observed multiple trainers attempting to corral Tilikuin the whale using nets. Deputy V onbargen observed. a trainer was Inside Tilikum~s mouth when he arrived.

February 24,2010

Al approximately J 520 hours, I arrived on scene at the Dine wUh Shamu area. T immediately noticed a tent had been set up next 1.0 tbe "D" pool. Underneath this tent was the body of Dawn Branchean, which had bern covered with towels or sheets. II was approximately five feet from the side of "D" pool. Tilikuin the whale conld clearly be scene at the edge of "D" pool. He would periodically lift hirnself'above the pool wall.

moving her body against the building wall and away from the pool wall. DaM} Brancheau was lying on a stretcher and the stretcher was simply lifted and moved without handling her body, Crime Scene Investigator Delgado photographed the area before and after Dawn Brancheau was moved,

Defective Kevin Kraubctz and I spoke with Sea World trainer Craig Thomas. Craig Thomas had responded to the alarm call for assistance and was one of the fust employees on scene. Craig Thomas agreed (0 show Detective Kraubetz and me the layout of the pools near Dine with Shamu. Craig Thomas was not present when Dawn Brancheau fell in the pool. Because of this~ he could not show us the location where she entered the pool with Tilikum.

Detective Kraubetz and I then met with Sea World trainer Jan Topoleski, Jan Topoleski was acting as a. sponer for DAwn Brancheau when she entered the pool area with Tilikum. He agreed [0 show us the locations of himself, Dawn Brancheau, and Lynne Schaber (another Sea World trainer) when Dawn Brancheau entered the pool area, Jan Topoleski also agreed to show us the layout of the pools and the Dine with Shamu area. Crime Scene Investigator Delgado responded with US as well to photograph the area.

Jan Topoleski explained the pool Tilikum was currently in ('~D~· pool) is a medical pool. This pool has a false bottom that can be lifted for medical emergeneies. TIlls is designed for veterinarians 1:0 be able to better access the whales fOT medieal treatment. While Jan Topoleski showed us the area of the pools) Tilikurn was in '~D·' pool but had access to the adjaeent pool which is "En pool. "E" pool is a larger pool that sits between two medical pools.

Ian Topoleski then showed us the area where Dawn Braneheau had been interacting with Tilikum during the Dine with Shamu show. The Dine with Shamu show takes places in "G" pool, This pool is surrounded by a rock wall. The dining area for the Dine with Shamu encounter is on the north side of the pool. The interaction area for the trainers is on the south side of the pooJ. There is a cement slab on the south side of the pool that is covered by a small amount of water. Jan Topeleski said this is where Dawn Brancheau was jnteracting with Tilikum. To the west of this cement slab is a conerete scale and Jan Topolesld was sitting a short distance to the west of the scale on the reeks, monitoring Dawn Brancheau with Tilikum, At the beglnning of the Dine wiJh Shamu show, Lynne Schaber was a short distance east of Da.wn

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Brancheau monitoring her activities.

Jan Topoleski said after the show ended, Lynne Schaber went below to the underwater viewing area of "G~1 pool, which is located on the north side of the pool, Dawn Brancheau was lying on her stomach in the water covering the cement slab of "G" pool. Tilikum was interacting with ber nose to nose. Dawn Brancheau 's long hair floated on the water into Tillkum's month; Jan Topoleski theu ssw Dawn Brancheau struggling to free her hair from Tilikum's mouth.. He immediately pushed the alarm bntten and when Jan Topoleski turned back around, Dawn Brancheau was nowhere to be seen.

Jan Topoleski showed us to the underwater viewing area of"O" pool. He also showed us the dining area. Jan Topoleski explained after additional assistance arrived, he and other trainers began utilizing nets to try and redirect Tiliirum fium "G'1 pool to the "F'" pool, which is a small pool that is also used as a medical pool. Once Tllikum entered. '~F" pool, while still holding Dawn Brancheau, the sraff attempted to extricate Dawn Brancheau from Tilikum. Tilikum was netted ill "F" pool and still would not release Dawn Brancheau,

There were additional whales in ~'E" pool, which is located between ''F'" pool and "D" pool. Once the other whales were transferred from "E" pool, Tilikum was thcu given access to "E" pool; however, he would still not release Dawn Brancheau.

Tilikum was finally directed from "E" pool into "D~~ pool. When inside "D" pool, Tilikwn still would not release Dawn Branehean. Because of this, the bottom ofuD" pool was raised which ultimately beached Tilikum. A net was then used in this. pool as weU which enabled staff members to extract Dawn Brancheau from Tilikam's mouth.

Crime Scene Investigator Michael Vincent met with Julius Sais of Sea World security, Julius Sais provided a copy of surveillance video from a surveillance camera at the underwater viewing area for Dine with Shamu. Crime Scene Investigator Vincent also met with Irma Gabriel-O'Neill of Sea World security. Irma Gabriel-O'Neill provided him with a eopy of video from the seeurity control tower. This video shows the surface area of the Dine with Shamu pool. The camera was manually re-adjusted to this area after the alarm soonded for a problem at Dine with Shamu. Prior to this, the security control

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tower camera had been positioned at the front turnstiles. Crime Scene Investigator Vincent turned both of these videos over to me on February 25. 20lO.

The video provided by Julius Sais began at 1337 hours on Februmy 24,20101' and showed the foJlowing relevant infonnation:

Time stamp 13:38:10.76, a splash can be seen in the far right comer of the video.

Time stamp 13;38:17.96, Tilikum can be seen swimming into camera view.

Time stamp 13:38~19.83t Dawn Brancheau can be seen underneath Tilikum, She is free from him at this time.

Time stamp 13:38;21.97. DaY/M Brancheau can be seen enemprmg to swim to the surface.

Time stamp 13:38~24.l0~ Tilikum can be seen striking Dawn Brancheau as she is attempting to swim to the surface.

Time stamp 13:38:26.27~ Dawn Brancheau can be seen again attempting to swim to the surface.

Time stamp l3!38:31.08t Tilikum can be seen striking Dawn Brancheau, and he then immediately began swimming underwater with Dawn Brancheau in his mouth. Because of the direction Tilikum was swimming, Dawn Brancheau can not be seen by the underwater camera at this point,

Time stamp J3:43~02;25) Tilikum changes swimming directions and Dawn Brancheau can be seen held in his mouth but she appears lifeless.

A full listing of TUikum and Dawn Brancheau's movements from a time stamp of 13:38~lO.76 until the videa ends at a time stamp of 14:01:05.23 is attached to this report.

The video provided by Irma Gabriel-O'Neill is an extremely pixilated video. Individual features of'people can not be distinguished. The video is from such

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a far distance ttom the pool, Dawn Brancheau is never seen in this video, Tilikum can be seen in the video swimming at a great speed in what appears to be an agitated state. Employees and trainers can also be seen in the video attempting the rescue of Dawn Brancheau. The video does show that within less than three minutes, trainers had nets in the water to try and contain Tilikum in U("~ pool. Once Tilikum moves to the west side of "En pool, he can not be seen due to ceiling overhangs covering "E" pool. The video does not show when or how Dawn Braneheau entered the water in "G" pool.

Nwnerous detectives from the Orange County Sh.eriff's Office responded to Sea World to assist with interviewing witnesses. The majority of witnesses had been relocated to another area of the park known as ~'The Terraee," The witnesses at this location were provided with statement affidavits to complete. Sergeant William Hinkey, Corporal Timothy Farmer, Detective Jason Sams, Detective Charity Beasley, and Detective Troy Polk assisted by reviewing statemen! affidavits for eompleteneas.

Valerie Greene is also an employee with Sea World. She responded after the alarm sounded to assist with netting Tilikum. Valerie Greene said she could see ·'a woman 's POllY tail in the whale 's mouth. ,. She assisted with netting the whales in "E'~ pool and with netting Tilikurn into C'D" pool, Valerie Greene said after Tilikum was netted in the ·'D'· pool, they were able to remove Dawn Brancheau's body from Tilikurn's mouth. Tilikum stiH bad Dawn Brancheau 's arm and Valerie Greene said he was netted again to retrieve her atm. Valerie Greene completed a sworn, written statement affidavit.

Nancy Vargas and Amber Weiss are also employees with Sea World. They were both working in the security dispatch center for Sea World. Amber Weiss called 911 after the alarm sounded. They repositioned the eamera from

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the security tower in order to see the pools in the Dine wuh Shamu ana They both completed sworn, written statement affidavits.

Joshua Excel is a supervisor at Sea World. He responded to the Dine with Shamu area after receiving notice a trainer was in the pool with a whale. He assisted with removing employees under his charge in the dining room to another location. Joshua Exec] completed a sworn, written starernem affidavit.

Anthony Sharp, Misty Bermudez, and Justin Sparkes were paramedics that responded after the alarm sounded for a problem at the Dine with Shamu area. They are all employed as paramedics by Sea World. They all completed sworn, written statement affidavits.

At approximately 1553 hours, Corporal Miehael Ruggiero spoke with Lynne Sehaber, Lynne Schaber completed a sworn, written statement affidavit. Corporal Ruggiero eonducted a sworn, audio recorded interview with Lynne Schaber. This interview took place at "The Terrace." The following is a s)11opsis of this interview:

Lynne Schaber was acting as a spotter for Dawn Brancheau during the Dine with Shamu show. At the end of the show. Lynne Schaber went below to the underwater viewing area of ~'G" pool. The individuals Who watched the Dine with Shamu show nonnaUy go to this area after the. show for photo opportunlties with the whales (in this case Tililcum). When. Lynne Schaber went below, Jan Topoleskl stayed above the surface as a spotter for Dawn Brancheau. Dawn Brancheau was interacting with Tilikum, and Lynne Schaber told her she was ready for Dawn Brancheau to ask Tilikum to eome to the window for photographs. Lynne Schaber was waiting for TiUlrum to come to the window when she saw "him. pull her tit, " Lynne Schaber then saw Dawn Brancheau in the water on top of Tilikurn. Lynne Schaber did not see how Dawn Brancheau ended up in the water. Lynne Schaber knew Dawn Brancheau was in trouble as soon as she saw this because Tilikum is a i'posscssiwl' animal. He normally keeps things that he has and will not release them. Lynne Schaber did not think Tili.kum ever allowed Dawn Brancheau to come (0 the surface.

Detective Rivera conducted a sworn, audio recorded interview with Fredy Herrera. This interview Look place at "The Terrace:" The following is a synopsis of this interview:

Fredy Herrera is employed at Sea World as a security officer. He was working security at the Dine with Shamu restaurant on February 24, 2010. The show had just finished and Dawn Brancheau and Jan Topoleski were still aeross the pool. Dawn Brancheau was interacting with Tilikum, She was on her knees, touching Tilikurn's nose. Dawn Brancheau moved to the far left and she was petting Tilikum when he grabbed either her hair or her arm and pulled her into the pool. Tiliknm remained underwater with Dawn Brancheau. Jan Topoleski sounded the alarm and other trainers began arriving and using the nets to try and corral Tilikum Fredy Herrera never saw Dawn Brancheau struggling or moving after she was initially pulled into the pool.

At approximately 1610 hours, Detective Michael Erickson spoke with Thomas Seaner, Thomas Seaner completed a sworn, written statement affidavit. Detective Erickson conducted a sworn, audio recorded interview with Thomas Seaner. This interview took place at "The Terrace." The following is a synopsis cf this interview:

Thomas Sesner is employed at Sea World as a table host/server in the Dine with Shamu dining room. He was beginning to bus or clear his tables. The Dine 'Nilh Shamu show normally ends around 1330 hours and guests begin to move out of the dining room to 'he underwater viewing area. Between 1330 hours and 1340 hours, Thomas Seaner saw Dawn Brancheau feeding Tilikum; he believes she was crouched down as she was doing this. When he looked back, Dawn Brancheau was gone. He then heard the alarm sound. Thomas Seaner saw additional trainers arrive and they began bringing nets across into the pool. Thomas Seancr assisted with the nets until additional trainers arrived,

At appro:drnately 1616 hours) Detective Scott Bruinsma spoke with Demar Haye. Demar Haye completed a sworn, written statement affidavit. Detective Bruinsma conducted a sworn, audio recorded interview with Demar Haye, This interview took place at "The Terrace." The following is a synopsis of this interview:

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CASE NUMBER lOlg...o16715

r.lD~

Demar Haye is employed at Sea World as a server in the Dine with Shamu dining room. The show had ended and Demar Haye was in the back of the dining area talking with guests when he heard SOmeone say, "Oh no. ,. Demar Haye turned around and saw Dawn Brancheau sliding into the water. He saw Jan Topoleski immcdia~ly rum to hit the alarm button and then heard the alarm sound. Demar Haye saw the trainers bringing out nets; Demar Haye helped pull the nets until wore help arrived. He saw Tilikum come to the surface at one point and could see Tilikum had possession of Dawn Brancheau. Tilikum immediately took Dawn Brancheau back under the water. Demar Haye saw Tilikum corralled into "F" pool prior to him being escorted to another location.

At approximately 1616 hours, Detective Rivera spoke with Thomas Tobin. Thomas Tobin completed a sworn, written statement affidavit. Detective Rivera conducted a sworn, audio recorded interview with Thomas Tobin, TIlls interview took place at "The Terrace.' On March 29, 2010, at approximately }230 hours, r spoke with hirn on the telephone and this interview was recorded. The following is a synopsis of these intcrvie\ll~~

Thomas Tobin is employed at Sea WorJd as a paramedic. He received a call for a person in the water and responded. 10 the Dine with Shamu area. Wlum he arrived, Thomas Tobin was told someone was in the water. Thomas Tobin was present for three to four minutes and did not see anyone surface, He was

. present at the pools for thirty minutes or longer before Dawn Brancheau could be extricated from TiJikum Thomas Tobin realized the call had changed from a rescue call 10 a recovery call. At one point. he observed Dawn Brancheau had been scalped, but he did not see her bleeding from the injury. He said he knew at that po in I. she was deceased. Thomas Tobin also believed based on how Dawn Brancheau's body was moving she had a broken neck.

At approximately 1616 hours, Detective: Darryl Tamash spoke with Chahine Kish, Chahine Kish completed. a sworn, written statement affidavit Detective Tamash conducted a sworn, audio recorded interview with Chahine Kish, This interview took place at. "The Terrace." The following is a synopsis of this interview:

Cbahine Klsh is employed at Sea World in the Dine with Shamu dining room. She was cleaning tables and saw Dawn Brancheau intemctmg with Tilikum.

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Jan T opoleski was sitting near the tone box watching Dawn Brancheau. Chahine Kish heard splashing and saw Dawn Brancheau with a fish in her hand. Chahine Kish looked down and when she looked back up, Dawn Brancheau was gone. She then heard the alarm sound. Chahine Kish did see Tilikum surface a[ one point and when he did, he had Dawn Brancheau in his mouth possibly by the tOISO. Chahine Kish noticed Dawn Brancheau's shoes were in the pool. Other trainers ani ved and used nets and threw food in the pool to try and distract Tilikum. Chahme Kish saw other servers assist with the nels. Chahine Kish also saw Tilikum become more ''framid;~ he was only coming to the surface long enough to breathe. She saw the trainers corral Tililwm into "F" pool before she left the area.

At approximately 1636 hours, Detective Mark Hussey and Detective Scott Lowen spoke with Stacy Nichols. Stacy Nichols completed a sworn, written statement. affidavit. Detective Hussey and Deteetive Lowen conducted a sworn, audio recorded interview with SLa.cy Nichols. This interview cook place at "The Terrace." The following is a synopsis of this interview;

Stacy Nichols is employed at Sea World to assist 'With the animal shows and photo tOUIS. Stacy Nichols answers questions from guests during the photo sessions. At approximately 1330 hOUIS~ she responded to the underwater Shamu viewing area. Stacy Nichols was aware a trainer for the Dine with Shamu show would be at the viewing area around 1330 hours, This show takes place once a day every day. At around 1335 hours, Stacy Nichols could sec one of the trainers (Dawn Brancheau) working with Tilikum, A person can see the surface of the water from the underwater viewing area, this is simply not captured on camera. She heard Lynne Schaber say, "hey Dawn, we're ready, "From the underwater viewing area, Stacy Nichols saw Tililcum doing a deep dive and Dawn Brancheau was in his mouth. Dawn Brancheau's sandals immediately came off. Stacy Nichols theu heard the alarm sound and saw Lynne Schaber running to the top of the pool. The show had already ended at this point and on Iy the last photo opportunity needed to be completed.

At approximately 1636 hours, Detective Bruinsma spoke with Susanne DeWit, Susanne DeWit completed a sworn, written sfatement affidavit. Detective Bruinsma eondncted a sworn, audio recorded interview with Susanne Dewit. This interview reok place at "The Terrace." The following is

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a synopsis of this interview

Susanne DeWit is a tourist who was visiting Sea World from the Netherlands. She had booked an animal photo tour for February 24,2010. Included in this tour was lunch at the Dille with Shamu stadium Lunch finished at approximately 1330 hours and Susanne DeWit went downstairs 10 the underwater viewing area, A guide in this area asked the guests to move away from the 'Window. The guide told the guests the whale (Tilikum) would be directed to come to the window. Susanne DeWit saw Tilikum swimming down and he had a trainer in his mouth. Tilikum was holding (he trainer by her shoulder and neek, Susanne DeWjt could see the trainer's legs. Tilikurn was shaking the trainer and moving extremely fast, Susanne DeWit then heard an alarm sound and saw nels entering the water. Susanne DeWit was then escorted from the mao

At approximately 1639 hours, Detective Kraubetz and I spoke with Jan Topcleski. Jan Topoleski completed a sworn, written statement affidavit. Detective Kraubetz and 1 conducted a sworn, audio recorded interview. 'This interview took place in the offices by the trainee's locker room at '·D" pool. The: following is a synopsis of this interview:

Jan Topoleski is employed at Sea WorJd as an animal trainer, He was working in the position of a spotter for Dawn Brancheau during the Dtne with Shamu show on Febmary 24, 2010. Jan Topoleski and Dawn Brancheau discussed how smoothly the show had gone. The show had no problems and the interaction had concluded. A photo tour was 31 the underwater viewing area and Dawn Brancheau needed to direct Tilikum to the window for the photo tour. Lynne Schaber had acted as a second spotter during the show but changed location to the underwater viewing area for the final photo opPOrtuni~.

Dawn Brancheau was lying on her stomach, face to face with Tilikum in the concrete area between the wall and the scale of "G~~ pool. She was lying in three to fOUT inches ef water. Jan Topoleski observed 8 current of water blow Dawn Brancheau's long ponytail into Tilikum's mouth. Dawn Brancheau began trying to pull her hair out of Tilikurn's month. Jan Topoleski then turned around to hit the: alarm button. When he turned back around, Jan Topoleskt could not see Dawn Brancheau or TiHku:m.. He did see Dawn

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Brancheau's sandals floating on top of the water. Jan Topoleski then grabbed the emergency air to throw to Dawn Brancheau but he was unable to do this since he could not see her under the water. When other trainers arrived, they an began using the nets to corral Tilikum,

Jan Topoleski said it appeared Tilikum was holding Dawn Braneheau by her hair and maybe her arm as well. Throughout the ordeal. Tilikwn changed the positions in which he held Dawn Brancheau. Whenever the trainers attempted to retrieve Dawn Brancheau, Tilikum became more agitated and he would not allow anyone near her. Jan Topolesk] and other trainers "'asked for control." This is done by slapping the water. They did this in order to uy and get Tilikurn 10 foeus on them and release Dawn Brancheau. Tilikum was unresponsive to "slaps. "

Jan Topolcs.ki did not !!iCC anything incorrect or out of the ordinary that Dawn Brancheau did to agitate Tilikum. The face to face time between Dawn Brancheau and Tilikum seemed to be going well until this OCCUlTed. There were no precursora during the day on February 24, 2010, to indicate Tilikum wonld have reacted this way. Jan Topoleski said Tilikum does not have any toys that are similar to hair which would cause Tilikurn to mistake Dawn Brancheau's hair for a toy. All of his toys are large plastic objects. He also verified no one ever goes in the pool with Tilikum because of his past history.

At approximately 1642 hours, Detective Tara Evans spoke with Jeremy Rippy. Jeremy Rippy eernpleted a sworn, written statement affidavit. Detective Tara Evans conducted a sworn, audio recorded interview with Jeremy Rj-ppy. This interview Took place at "The Terrace." The following is a synopsis of this interview:

Jeremy Rippy is employed at Sea World as2J1 animal trainer. He was working inside the fish house when he heard the ~'G" pool alarm, Jeremy Rippy immediately responded to "Go' pool. He began assisting with the net reels. Four people. are needed to work one net reel. Jeremy Rippy and the other people there began using the net to try and move Tilikum to the smaller pool e'F~' pool). The net kept snagging on the rocks and Tilikum was able to get behind the net. He eould see Tilikum was holding Dawn Brancheau in his mouth by her neck and shoulder, Jeremy Rippy continued to assist with the rescue operations until Dawn Brancheau was extricated from Tililrum.

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At approximately 1647 hours, Detective Tamash spoke with Phyllis Manning. Phyllis Manning completed a sworn, written. statement affidavit. Detective Tamash conducted a sworn, audio recorded interview with Phyllis Manning. This interview took place at 'The Terrace," The following is a synopsis of this interview:

Phyllis Manning is employed at Sea World as a photographer. She was at the underwater viewing area of Dine with ShaWlu waiting fOT a photo tour to arrive. Lynne Schaber was at the underwater viewing area as well. Lynne Schaber tapped on the glass to gel Tilikum's attention but he remained at the surface with Dawn Brancheau. Lynne Schaber then told Dawn Brancheau she was ready for Tililrum to come to the window for photographs. Phyllis Manning then saw Tilikum swimming extremely fast Dawn Brancheau was in the water with Tilikurn and Phyllis Manning is aware trainers do not get into the water with Tilikum. Phyllis Manning knew at this point something was wrong, She then began ushering guests ont of the area, Phyllis Manning had not yet taken any photographs when this occurred.

At approximately 1651 hours, Medicolegal1nvesligator Bill Stratton with the District Nine Medical Examiner's Office arrived at me scene. Investigator Stratton photographed and documented the scene on behalf of the District Nine Medical Examiner's Office. Dawn Brancheau's body was turned over to Investigator Stratton and transported to the District Nine Medical Examiner's Office.

After Medicolegal Investigator Stratton arrived, Crime Scene Investigator Murdock responded with him and unknown Sea World employees to search the area for Dawn Branehean's hair, scalp, and whistle. These items were located in the bottom of ~CP" peel. Crime Scene Investigator Murdoek utilized a net to retrieve Dawn Brancheau's hair and scalp. Crime Seene Investigator Murdock then observed an unkno"Wn Sea W orld employee di YC to the bottom of the ~'F' pool and recover her whistle. These Hems were turned over to Medicolegal Investigator Stratton.

At approximately 1657 hours, Detective Hussey and Detective Lowen conducted a sworn, audio recorded interview with Scott Brancheau. 'This interview took place at "The Terrace," The following is a synopsis of this

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interview:

Scott Brancheau is the spouse of Dawn Brancheau. He was contacted by Laura Surovilc and told Dawn Brancheau had been injured. Scott Brancheau is not employed by Sea World. He had no additional information concerning this incident.

At approximately 1657 hours, Detective Kraubetz and I spoke with Craig Thomas. We conducted a sworn) audio reeorded interview with Craig Thomas. This interview took place in the offices by the trainer's locker room at HD" pool. The following is iii synopsis of this interview:

Craig Thomas is employed at Sea World as an animal trainer, He heard the alarm sound for "G" pool and immediately responded to that area. Craig Thomas assisted with deploying the nets and. began slapping the wafer for Tilikum to respond. Tilikum did not respond 10 slaps on the water or the nets, A second net was deployed and Tilikurn finally responded by entering "F" pool. Craig Thomas could see Tilikum was holding Dawn Brancheau by her hair, but he periodically changed this position to holding her by the arms and legs. When Tilikum was in the medical pool C~D'~ pool) he was holding Dawn Brancheau by her ann.

Craig Thomas worked wi th Tilikum in 1995 and 1996 and returned to work with him again in 2008. Tilikum was acquired because of an incidenf in Canada. and because of this there has never been any intention by any trainers of getting in the waLer with Tilikum, He has been deemed to have tendencies that make him unsafe. Craig Thomas worked with Tilikum earlier in the day and did not notice any issues. Tilikurn showed no precursors of being agitated or unwilling to perform,

At apprcxlmately 1658 hours, Detective Dorothy Rivera spoke with Laura Surovik. Detective Rivera. conducted a sworn, audio recorded interview with Laura Surovik, This interview took place at "The Terrace." The following is a synopsis of this interview:

Laura Surovik is employed at Sea World as the assistant curator of animal training. She has worked at Shamu stadium for twenty-four years and was present when Tililrum arrived at Sea World. Laura Surovik was also best

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friends with Dawn. Branchean. She was on the telephone in her office when she found out the alarm had been sounded at Dine with Sham», Laura Surovik told het husband, Michael Surovik, she needed to go to Shamu stadium When she arrived, Tilikwn was in "0" poo; and moving into "F"

. pool. Laura Surovik could see Tilikum was holding Dawn Brancheau in his mouth (possibly hy her torso). The trainers had netted Tilikum to try and get him to release Dawn Brancheau. He was becoming more agita1ed and Laura Sumvik assisted as Tilikum was moved to HE"' pool and finally to '"D" pool Laura Surovik. said TiJikum was holding Dawn Brancheau as if she was his possession. Ti1Umm's past history is that when he obtains a person. he does not let them go.

At approximately 1700 hours, Detective Erickson spoke with Michael Surovik, He conducted a sworn, audio recorded interview with Michael Surovik, This interview took place at "The Terrace." The following is a synopsis of this interview:

Michael Surovik is employed at Sea World. He was working in his offiee on February 24~ 20] O. when he received information from Laura Surovik there was a problem at Shamu stadium. He drove through [he park with his wife to Dine willi Sltamu. When Michael Surovik arrived, he observed MOWld forty people near the medical pool ("pt' pool). Michael Surovik also observed Tilikum was in "F" pool with a trainer. He had no additional infonnation about this incident.

At approx.imately 1 71 0 hours, Detective Tamash spoke with Angela Casagrande. Angela Casagrande completed it sworn, written statement affidavit. Detective Tamash conducted a sworn, audio recorded interview with Angela Casagrande. This Interview took place at "The Terrace," The following is a synopsis of this interview:

Angela Casagrande is employed at Sea World as a guide for the animal show and photo tour. She was working at the underwater viewing area on February 24,2010 and preparing for a photo session with Tilikum Lynne Schaber was in the underwater viewing area as well Angela Casagrande had her back to the window when she heard the alarm sound. She turned around and saw Tilikurn with a trainer in his mouth. Tilikurn was swimming faster than normal, Angela Casagrande began ushering out thc guests and called 911.

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OKANe .. COUNTY SW:RII'f~S O.n'lCE INVESTIGATIVE REPORT

CAS!. HUMBER 1011-01671$

EID)6IS

This 911 call goes to Sea World dispatch. Angela Casagrande said prior to this, the show appeared to be normal. Everything had gone as planned during the show i tsel f.

At approximately 1720 hours, I spoke with Linda Simons. Linda Simons is employed at Sea World as the Director of Health and Safety, She provided background information on Dawn Brancheau, Jan Tcpoleski, and Lynne Schaber. Dawn Brancheau was employed in a. supervisor position. She was hired on February 7, 1994 and had beeu working with Tilikum since this date. Jan Topolesld was employed as a seuior trainer in the water, He was hired on June 15, 2004 and had been working at Shamu stadium from January 7, 2008 until the present date. Lynne Schaber was employed as a senior trainer one in the water, She was hired on February 9) 1998, and had beeu working at Shamu stadium from April 25, 2005, until the present date. Linda Simons also provided me with a copy of a statement written on a Sea World Health Services Memo by Misty Bermudez,

At approximately 1727 hours, Detective Kraubetz and I spoke with Deputy Christian Voubargen, We conducted a sworn; audio recorded interview with Deputy Vonbargen. This interview took place in thc offices by the trainer's locker roomal "D" pool. The following is a synopsis of this interview:

Deputy Vonbargen was working in an off-duty capacity at Sea World. He is required to CWTy a Sea World radio when working this particular detail, He heard a commotion on the Sea World radio and began heading towards Shamu stadium. \\'hen Deputy Vonbargen arrived on scene, fire rescue personnel were already present. Employees on scene told Deputy Vonbargen Tilikum had pnlled a trainer into the water. Deputy Vonbargen could see Tilikum still had Dawn Brancheau in his mouth. He was holding her by the arm and thrashing violently back and forth. He was already in the forward pool e'F·' pool) when Deputy Vonbargen arrived.

Februa.ry 25,2010

At approximately 0900 hOU1S. Doctor Joshua Stephany of the District Nine Medical Examiner's Office conducted an examination of Dawn Brancheau. He ruled the cause of death drowning and traumatic injuries and the manner of death an accident,

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ORANGI COUNTY SUUUFF'S O .. ·FleE INVESTIGATIVE REPOR.T

CAS~ NtJMBER )010-81"J5

EJ])161L5

At approximately 0930 hours, I received information a guest of Sea World had provided a video tape to Channel 3.5 news. I spoke with Public Information Officer Jim Solomon, who attempted to obtain the video tape directly from Channe13S news without success. However, Public Information Officer Jim Solomon was able to provide me with a copy of the news footage itself when it was aired on Channel 35 news. The male guest on the news coverage (using the name of Todd Connell) stated he turned his personal video camera off just before Da'WTI Brancheau ended up in the water with Tilikum. The video footage (no date or tirne stamp) showed Dawn Brancheau lying in the water face to face with Ti1ikum. It also showed her hair very elose to Tilikum's mouth. The male guest was not positively ldenrified, located, or interviewed during this investigation.

At approximately 1454 hours, 1 received. an electronic mail from Public Information Officer Jim Solomons. The electronic mail stated a phone call was received by the Orange County Sheriffs Office Public Information Office from a female named "Jessica," who was a witness to the Incident on February 24, 2010.

At approximately 1.550 hours, I called the phone number provided for "Jessica. U I received no answer and left a message,

A[ epproximately 1730 hOLUS, I received a cal} back from "Jessica." She identified herself as Jessiea Wilder, a guest visiting from Vermont. I scheduled to conduct a. telephone interview with her on February 26, 2010, between 0930 hours and 1000 hours.

February 26,1010

At approximately 0951 hours, I spoke with Jessica Wilder. This conversation .took place over the telephone. r conducted a sworn. audio recorded interview with Jessica Wilder. The following is a synopsis of the interview with Jessica Wilder:

She was a guest at the 12:30 show for Dine with Shamu on February 24,2010. Jessica Wilder had attended two previous Dine wiLh Sham" shows. During Ik show on February 24. 2010. Jessica Wilder saw nothing out of the ordinary or different from the two previous shows she attended. She observed a female

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CASE NUMBER. 2010-01'n~

Em~68$

trainer (Dawn Brancheau) interacting with Tilikum, Dawn Brancheau was lying on the platform and hugging Tilikum, Dawn Brancheau was also feeding Tilikum fish. Jessica Wilder went to the underwater viewing area -with her family, When she looked up from the underwater viewing area, Jessica Wilder saw Dawn Brancheau ln the water. Dawn Branchean was "scrambling" to get out of the water. Jessica Wilder then saw Tilikum approaching Dawn Brancheau and he "impaaed her squarely in the chest." Jessica Wilder watched as Tilikum looped around and came back towards Dawn Brancheau with his mouth open. Jessica Wilde:r was then escorted out of the area,

Matcb 4, 2010

At approximately 0900 hours, I called Stuart Deridder with Sea World security. 1 asked if there was any additional video that showed the Dine with Shamu area on February 24,2010. Stuart Deridder told me there were only two video angles of that particular area. and both of those had. been provided tome.

March 8,1010

At appItlximately 1131 hours, I received an electroniemail from Public Infonnation Officer Jim Solomons. He had forwarded an electronic mail to me from an individual named 101m Kielty. The following is a synopsis oftbis electronic mail:

John Kielty said he was a guest at Sea World on Febmary 24, 2010. He attended the 12:30 "Belielleh show. During this show, he believed the whales wen: behaving abnonnaUy. John Kielty said at the end of the show, a second whale somehow entered the stadium with the whale who was performiag the splash portion of the show. The two whales began aggressively ehasing each other and the trainers were finally able to separate them, They walted five to ten minutes for the whale (believed to be Tilikum) to '{cool down. ,. After the eool down period, they resumed the {'.Ypil1,~h II portion of the show but the whale did not want to participate. The eomplete electronic mail from John Kielty is attached.

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ORANGE COUNTY SUfJtl1"P'S OI'FICE ~SnGA'tlvt )u;POR'f

CAS£ NUMBER 1010-01fi115

£IDl685

Mlrch 29, 2010

At approximately 1307 hours, [ called the work telephone number for Lynne Sehaber in order to get elarificatlon on several details from her original interview. I received no answer and so left a message on her answering machine.

March 31~ 2010

At approximately 1034 hours, I again called the home telephone number for Lynne Schaber. I received no answer and so left a message on her answering machine, 1 then ealled the number she had provided as an alternate number. This number is a cellular phone. J reeeived no answer and so left a message.

At approximately 1343 hours, I received a call from Smart Deritter with Sea World Security. He told me someone had relayed to him I wanted to speak with a trainer. Stuart Deritter asked for the trainer's name and said he would provide her with my cellular phone number to eall me.

April 6, lOU)

!u of this date, 1 still had received no response from Lynne Sehaber. I caned Jan Topoleski in order to try and obtain information as to how Lynne Schaber would have relayed to Dawn Brancheau that she was ready for Tiliknm to be sent to the underwater viewing area window. I received no answer and so left a message on the answering machine. A short lime later, I received a call from a female (she did not idemify herself), The female stated the phone number I had called for Jan Topcleski was Incorrecr,

April 14,2010

At approximately 1154 hours, 1 reeeived a voice message from Lynne Schaber. r called her back and received no answer. I left a message.

At approximately 1310 hOLLfS, I received a call from Lynne Schaber. This phone conversation was sworn and audio recorded. Lynne Schaber explained in her first interviewt when she described Dawn Branebean was on top of Tilikum, she meant Dawn Brancheau was actually positioned to Tiliknm's

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ORANGE COUNTY SHUIFF·S OFfICE INVESnCA'JIVE REPORT

CASE NUMBER 1010-4116715

EIJ)1'85

side, but he was rolling in the water and so appeared slightly above him. Dawn Braneheau was not positioned on his dorsal area. Lynne Schaber could not advise whether Tilikum had a hold of Dawn Braneheaa's body at this nrre,

In addition, Lynne Sehaber explained how she caJ led to Dawn Brancheau. There is a. position in the underwater viewing area where there is a slight gap in the roof and so voices can be projected to the platform where DQ\'IIm Brancheau was working with Tilikum. Lynne Schaber simply yelled to Dawn Brancheau from this area. She said she could not see Dawn Brancheau at that time because of Tilikum's position in front of Dawn Braneheau,